Decided on April 25,1983

Patel Arvindbhai Babarbhai Appellant
Vina Respondents


A.P. Ravani, J. - (1.) The appellant-original petitioner filed a Hindu Marriage Petition praying for divorce on the ground that respondent-wife was guilty of cruelty and desertion and that she had sexual relation with one another person named Patel Shanabhai Prabhudas. The trial Court disbelieved the allegations made by the appellant-petitioner, and rejected the petition by its judgment and order dated May 8, 1981. Relying on the decision of the Supreme Court in the case of Murarilal v. State of M.P. reported in A.I.R. 1980 Supreme Court at p. 531 , it was submitted by the counsel for the appellant that it was the duty of the Court to compare the handwriting of Exhibit 23 a letter alleged to have been written by the respondent wife. The letter in question has been shown to me and on the basis of this letter it was sought to be argued that the tenor and the language of the letter are such that it would amount to cruelty. There is no date on the letter but it is contended that from the postal stamp on the envelop it can be inferred that it must have been written on or about April 5, 1975. It is true that the language of the letter is rather insulting and uncourteous. But from that it cannot be said that either considering the letter alone or considering the same together with other circumstances, it would amount to cruelty by the wife to the petitioner. It may be noted that this letter is of April 5, 1975 while the petition for divorce is filed on February 20, 1980, that means that the petition is filed after about a period of five years. This ground alone should be taken sufficient to discard this letter from treating it as a circumstance of cruelty. In my opinion the finding arrived at by the trial Court is quite just and proper and it does not require to be interfered with. Hence the appeal is dismissed with no order as to costs. Notice discharged. Appeal dismissed.;

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